Regaining gradenship.

[Honeybear031808]

I live is Delaware. My problem is i was put in jail about 6 months ago and in the best interest of my child i asked his father to take him and move to delaware with my mother. My sons father is not on the birth ceritacate, my mother had him sign a paper given up his rights. He didnt know what he was signing he just did, thinking he could trust her. She tried to get me to sign the paper but i wouldnt. Before i got out 46 days later the understanding was when i got out that she would give my son back to us. But she hasnt. How do i get him back? I have no money for a lawyer. No one will help me.

 

[PQN]

???

So your mother has no legal right to your son?

Then just go get him. Bring his birth certificate and an ID for you.

 

[Honeybear031808]

Regaining Graduenship

She has Graduenship of him. I cant just take him. i tried.

 

[Antigone*]

She has Graduenship of him. I cant just take him. i tried.

How is it that she obtained guardianship of your child? Was this done through the courts while you were incarcerated?

 

[divona2000]

How did she get guardianship? Explain exactly what happened.
Does she have a court order signed by a judge?
Did you go to her home and try to get your child?

 

[Honeybear031808]

Regaining Gradenship

She gain graudenship by my sons father sign over rights to her. he didnt know what he was signing. he trusted her. he still lived with her and my son and he did all the care. She told us to get our own place and she would sign over rights. But she hasnt. We had him for about 3 weeks and she asked if he could come spend the night with her and now she wont give him back. She is refusing to sign back over gradenship to me. Its not court ordered in the court only a grsdenship paper she had him sign and notervised, nothing signed by a judge.

 

[Proserpina]

I live is Delaware. My problem is i was put in jail about 6 months ago and in the best interest of my child i asked his father to take him and move to delaware with my mother. My sons father is not on the birth ceritacate, my mother had him sign a paper given up his rights. He didnt know what he was signing he just did, thinking he could trust her. She tried to get me to sign the paper but i wouldnt. Before i got out 46 days later the understanding was when i got out that she would give my son back to us. But she hasnt. How do i get him back? I have no money for a lawyer. No one will help me.

What exactly did Mom have him sign?

(I think it's fair to assume that Dad has not legally terminated his parental rights).

 

[Proserpina]

She gain graudenship by my sons father sign over rights to her. he didnt know what he was signing. he trusted her. he still lived with her and my son and he did all the care. She told us to get our own place and she would sign over rights. But she hasnt. We had him for about 3 weeks and she asked if he could come spend the night with her and now she wont give him back. She is refusing to sign back over gradenship to me.

He did NOT sign over his rights like that - that's just not how it's done. WHAT did he sign? Did Mom gain legal guardianship through the courts or CPS?

If the answer to the last question is no, go down there and get your child.

 

[Antigone*]

What exactly did Mom have him sign?

(I think it's fair to assume that Dad has not legally terminated his parental rights).

Must be all that turkey, pro. I don't think Dad is the Dad yet. Hence there is nothing to terminate.

 

[Proserpina]

Must be all that turkey, pro. I don't think Dad is the Dad yet. Hence there is nothing to terminate.

Precisely

 

[Honeybear031808]

Regaining Gradenship

His father just signed a gradenship paper. Nothing form the court or judge or CPS. What can i do? Its just a paper that states she has gradenship of my son till he is 18. She printed off the computer

 

[Antigone*]

His father just signed a gradenship paper. Nothing form the court or judge or CPS. What can i do? Its just a paper that states she has gradenship of my son till he is 18. She printed off the computer

If that is the case, then your mother does not have legal guardianship of your child. Go get your child.

I could easily have Proserpina sign a paper saying she'd give me lil pro, and if it is not signed by a judge it is worthless.

 

[enjay]

It's not legal. Go get your kid.

 

[Honeybear031808]

Regaining Gradenship

So what do i do? If i go and try and get him she will fight me and call the police. And not give him up. Do i need to go to the court? I need to do this the right way. im on unsuperzied probabtion so i cant get in any trouble.

 

[Proserpina]

His father just signed a gradenship paper. Nothing form the court or judge or CPS. What can i do? Its just a paper that states she has gradenship of my son till he is 18. She printed off the computer

Take kiddo's birth certificate, take your ID and go get your child.